In Re Application of STRAUSS BROADCASTING COMPANY OF ATLANTA, INC. (ASSIGNOR); GCC COMMUNICATIONS OF ATLANTA, INC. (ASSIGNEE) For Assignment of Licenses for
Stations WGKA-AM and FM; Atlanta, Ga.
File No. BAL-7298 BALH-1505
FEDERAL COMMUNICATIONS COMMISSION
31 F.C.C.2d 550
RELEASE-NUMBER: FCC 71-887
August 26, 1971 Released
Adopted August 25, 1971
BY THE COMMISSION: COMMISSIONERS BARTLEY AND H. REX LEE ABSENT; COMMISSIONER JOHNSON DISSENTING AND ISSUING A STATEMENT; COMMISSIONER WELLS CONCURRING IN PART AND DISSENTING IN PART AND ISSUING A STATEMENT.
[*550] 1. The Assignee is fully qualified. The application is governed by the Commission's Three-Year Rule.
2. The Assignor has operated the two subject stations since September, 1968. Since obtaining the stations, Assignor has sustained large operating losses and is losing a considerable amount of money on the sale.
3. The Assignors are unable to sustain further losses and recognize the need for experienced management to operate the stations. There is no trafficking in broadcast licenses.
4. A grant of these applications will serve the public interest, convenience and necessity. Therefore, IT IS ORDERED, That the Commission's Three-Year Rule is waived and the application IS GRANTED.
FEDERAL COMMUNICATIONS COMMISSION, BEN F. WAPLE, Secretary.
CONCURBY: WELLS (IN PART)
[*551] CONCURRING AND DISSENTING STATEMENT OF COMMISSIONER ROBERT WELLS
I concur in the action of the majority to grant the application of GCC to acquire Station WGKA-AM and FM, Atlanta, and to disallow the payment of any "out-of-pocket" expenses to the Broadcast Good Music Committee.
I disagree with the majority, however, in including any reference to a possible Notice of Inquiry concerning the question of payments to such groups in the letter to GCC Communications, Inc. This, in my judgment, should be a matter for separate consideration after further study and to make reference here is premature.
While I recognize that these questions are troublesome, I believe that the proposed original letter granting the application and denying the payments was the proper disposition of the instant matter.
DISSENTING OPINION OF COMMISSIONER NICHOLAS JOHNSON
I disagree with the majority, and would permit the reimbursement of the WGKA advisory committee of up to $2,000 per year, since I believe there are adequate safeguards against the possibility of abuse.
However, I agree with the majority that there are general problems raised by the relationship between community groups and licensees, and the possibility of payments to community groups as advisers to stations. I therefore welcome the expression of Commission intention to explore these issues in rulemaking.